About the Journal

Focus and Scope

The Journal of Copyright in Education and Librarianship is bi-annually published in the spring and fall. It is a peer-reviewed open-access publication for original articles, reviews and case studies that analyze or describe the strategies, partnerships and impact of copyright law on public, school, academic, and digital libraries, archives, museums, and research institutions and their educational initiatives.

This journal provides a focused forum for library practitioners, educators, and attorneys to share ideas, strategies, research and pragmatic explorations of the following:

The effects of copyright law on education and librarianship

The application of exemptions to copyright law in libraries and other educational settings

Current litigation and lawmaking efforts, and advocacy on behalf of all users

The practical implications of current and proposed copyright law, both in the United States and internationally

Initiatives to educate campus communities to make good faith copyright decisions and evaluations

The development of copyright policies and best practices to help guide users in the application of copyright law and related intellectual property laws

Practice articles on implementing new services within the framework of the law

Copyright in an increasingly online educational environment

Licensing and the impact of licenses on education and libraries

Pedagogy of teaching about copyright

The journal welcomes original research and practitioner experience papers, legal analysis, as well as submissions in alternative formats.

In order to lower barriers to publication for authors, JCEL does not charge submission or any other form of author fees. Copyright in the articles will remain with the authors, and all articles will be published under a CC license.

LEGAL CAVEAT

The articles found in this journal are intended to be used for informational purposes and should not be taken as legal advice. If you need legal advice on any issue you should consult an attorney.

The views expressed are those of the authors, not their employers, the journal editors, or the journal editorial board. Though extensive effort has gone into ensuring the reliability of the information contained in this journal, the editors and editorial board makes no warrant expressed or implied to the reliability or accuracy of the information and disclaims any liability for loss or damages caused by errors or omissions in this publication.

Peer Review Process

All manuscripts submitted to JCEL will undergo double-blind peer review. The editors will first determine if a submission fits within the scope of the journal and if so, will identify two peer reviewers. The editors will make the final decision on publication should the opinions of the two reviewers differ.

Open Access Policy

JCEL provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. Authors will never be charged to submit or publish a manuscript through JCEL and all articles will be published under Creative Commons licenses.

Author Agreement

Publication Agreement

Journal of Copyright in Education and Librarianship

Clemson University Press

801 Strode Tower

Clemson, SC 29634

Author Information:

Author’s Name(s):

Author’s Address:

Author’s Phone Number:

Author’s Email Address:

Title of Proposed Article:

Projected Year of Publication:

The following is an agreement between the author listed above (the “Author”) and the Journal of Copyright in Education and Librarianship (“JCEL”) and the Clemson University Press (the “Publisher”), and governs the above-stated proposed article (the “Work”).

Section 1: Author’s Grant of Rights

In consideration of the Publisher’s agreement to publish the Work in JCEL, the Author hereby grants to the Publisher a license on the following terms:

1.1 The irrevocable, royalty-free right to publish, reproduce, publicly display, publicly perform and distribute the Work in perpetuity throughout the world in all means of expression by any method or media now known or hereafter developed, including electronic format;

1.2 The irrevocable, royalty-free right to use the Author’s name and likeness in association with the Work in published form and in advertising and promotional materials; and

1.3 The irrevocable, royalty-free right to license others to do any or all of the above.

Section 2: Prior Publication & Publication by Others

2.1 The Author agrees not to publish the Work, or authorize any third party to publish the Work, either in print or electronically, prior to publication of the Work by the Publisher.

2.2 The Author agrees not to publish the Work in any journal which is substantially similar to JCEL for a period of one (1) year after publication of the Work in JCEL.

2.3 The Publisher requests that, should the Author publish or distribute the Work elsewhere at any time or in any alternate format, the Author cite the publication in JCEL by author, title, and publisher, through a tagline, author bibliography, or similar means. A sample acknowledgement would be:

“Reprinted with permission from the author. Originally published in the Journal of Copyright in Education and Librarianship, https://www.jcel-pub.org.”

Section 3: Editing and Formatting

The Author authorizes the Publisher to edit the Work and to make such modifications as are technically necessary or desirable to exercise the rights in Section 1 in differing media and formats. The Publisher will make no material modification to the content of the Work without the Author’s consent.

Section 4: Author’s Ownership of Copyright and Reservation of Rights

4.1 Nothing in this agreement constitutes a transfer of the copyright by the Author, and the copyright in the Work is subject to the rights granted by this agreement.

4.2 The Author retains the following rights, including but not limited to, the right:

4.2.1 To reproduce and distribute the Work, and to authorize others to reproduce and distribute the Work, in any format;

4.2.2 To post a version of the Work in an institutional repository or the Author’s personal or departmental web page so long as JCEL is cited as the source of first publication of the Work (see sample acknowledgement above).

4.2.3 To include the Work, in whole or in part, in another work, subject to Section 2 above and provided that JCEL is cited as the source of first publication of the Work (see sample acknowledgement above).

4.3 The Editors and Editorial Board of JCEL strongly encourages authors to publish the Work under a Creative Commons Attribution 4.0 International license (CC BY 4.0) that allows others to distribute, remix, tweak, and build upon the Work, even commercially, as long as they credit the Author for the original creation.

4.4 The Author may however choose to have their Work distributed under any of Creative Commons licenses currently available (see https://creativecommons.org/licenses/ for a description of each license).

4.4.1 ________ I choose to make the Work available under a Creative Commons Attribution 4.0 International license (CC BY 4.0); or

4.4.2 ________I choose to make the Work available under the following alternative Creative Commons License: _________________________________________________________

Section 5: Author’s Warranties and Undertakings

The Author warrants that:

5.1 The Author is the sole author of the Work, or if a joint author, the Author has identified within the Work the other authors, and holds the copyright and has the power to convey the rights granted in this agreement.

5.2 The Work has not previously been published, in whole or in part, except as follows: _________________________________________________________________.

5.3 Any textual, graphic or multimedia material included in the Work that is the property or work of another is either explicitly identified by source and cited in the Work or is otherwise identified as follows: _________________________________________ ___________________________________________________________________ __________________________________________________________________.

5.4 To the best of the Author’s knowledge, the Work does not contain matter that is obscene, libelous, defamatory; it does not violate another’s civil right, right of privacy, right of publicity, or other legal right; and it is otherwise not unlawful.

5.5 To the best of the Author’s knowledge, the Work does not infringe the copyright or other intellectual property or literary rights of another.

5.6 The Author will indemnify and hold Publisher harmless against loss, damages, expenses, awards, and judgments arising from breach of any such warranties.

Section 6: The Reuse of Third-Party Works

The Publisher requires that you determine, prior to publication, whether it is necessary to obtain permissions from any third party who holds rights with respect to any photographs, illustrations, drawings, text, or any other material (“third-party work”) to be published with or in connection with your Work. Copyright permission will not be necessary if the use is within fair use, if the work is in the public domain, or if the rightsholder has granted a Creative Commons or other license. If either the Author or Publisher determines for any reason that permission is required to include any third-party work, the Author will obtain written permission from the rightsholder.

****************

This agreement represents the entire understanding of the parties and can only be modified in a writing signed by both parties.

Use of Third Party Works

The Publisher requires that you determine, prior to publication, whether it is necessary to obtain permissions from any third party who holds rights with respect to any photographs, illustrations, drawings, text or any other material (“third-party work”) to be published with or in connection with your Work. Options for the reuse of third party materials include:

Fair Use

Permission may not be necessary if the use is within the scope of fair use (17 United States Code, § 107). For each third-party work, you must determine whether the use thereof in your contribution is a fair use under U.S. copyright law. If you determine that such use is a fair use, you need not obtain permissions. The American Library Association’s Fair Use Evaluator provides information regarding the fair use exemption and a tool that can help you work through the application of the exemption: http://librarycopyright.net/resources/fairuse/.

Public Domain

Permission is not necessary if the third-party work is in the public domain. Works in the public domain are those whose intellectual property rights have expired, have been forfeited, or are inapplicable. This chart may be useful in helping you determine the public domain status of a work: http://copyright.cornell.edu/resources/publicdomain.cfm.

Creative Commons or other Open Licensing Options

Third-party works licensed as Creative Commons, such as CC-BY, requires use and citation to that work in accordance with specific license terms. To learn more about the Creative Commons please visit: https://creativecommons.org/. Open access works may also be reused in accordance with the licensing terms of the publication. Visit the Scholarly Publishing and Academic Resources Coalition (SPARC) to learn more about open access works: http://sparcopen.org/.

Permission

If either the Author or Publisher determines for any reason that permission is required to include any third-party work, the Author shall obtain and provide to JCEL written permission from the rightsholder. Information regarding the permissions process, including sample letters can be found here: https://copyright.columbia.edu/basics/permissions-and-licensing.html.